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(영문) 대전지방법원천안지원 2016.10.05 2015가단105649

구상금

Text

1. To the extent of the property inherited from the deceased H by the Plaintiff:

A. Defendants A, B, C, and D respectively are KRW 1,623,531.

Reasons

1. Facts of recognition;

A. Credit guarantee agreement and subrogation 1) The Plaintiff is the deceased H on May 27, 2008 (hereinafter “the deceased”).

B) On May 26, 201, the Deceased entered into a credit guarantee agreement with the term of “credit guarantee agreement” (hereinafter “the instant credit guarantee agreement”) with respect to small and medium enterprise funds to be loaned by the Deceased from a point within the territory of the Enterprise Bank, the guaranteed amount of KRW 25,500,000, and the term of guarantee

(2) According to Article 10(1) and (3) of the Credit Guarantee Agreement, when the Plaintiff performed the guaranteed obligation, the obligor shall pay the amount of the guaranteed obligation from the date of performance to the date of repayment of the amount of the guaranteed obligation and the amount of damages calculated by the calculation method as determined by the Plaintiff. The rate determined by the said Plaintiff refers to the rate determined by the Plaintiff in consideration of the interest rate of the financial institution in arrears within the scope prescribed by law.

The rate determined by the Plaintiff is 18% per annum until December 14, 2010, 15% per annum until December 31, 2013, and 12% per annum from January 1, 2014 to the date.

3) On November 12, 2010, the Deceased received a loan from an enterprise bank, but delayed repayment of principal and interest. On November 12, 2010, the Plaintiff subrogated the enterprise bank with the principal amounting to KRW 25,50,000, interest amounting to KRW 612,670, total amounting to KRW 26,112,670.

4) The Plaintiff recovered KRW 136,230 out of the subrogated amount, and the amount of damages for the recovered amount is KRW 67 won. (B) The Deceased died on July 3, 2010, and the deceased died on July 3, 2010, and the first-class heir was his child I, J, but I and J were adjudicated on October 8, 201 on acceptance of the declaration of renunciation of inheritance.

(B) Defendant E, G, F, and network K, a sibling, as the heir and sibling of the deceased, as the heir and sibling of the Daejeon District Court’s 2010-Ma666). The deceased on April 4, 2001, and the deceased K was tried to accept the report of the inheritance approval on the deceased on December 29, 201, for Defendant E, G, A, B, C, and D, and for Defendant F, on March 8, 2016.

Daejeon Family Court's Decision 2015 Madan1014, .